THE NATIONAL JUDICIAL APPOINTMENTS COMMISSION ACT, 2014 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and commencement. 
2.  Definitions. 
3.  Headquarters of Commission. 
4.  Reference to Commission for filling up of vacancies. 
5.  Procedure for selection of Judge of Supreme Court. 
6.  Procedure for selection of Judge of High Court. 
7.  Power of President to require reconsideration. 
8.  Officers and employees of Commission. 
9.  Procedure for transfer of Judges. 
10.  Procedure to be followed by Commission in discharge of its functions. 
11.  Power to make rules. 
12.  Power to make regulations. 
13.  Rules and regulations to be laid before Parliament. 
14.  Power to remove difficulties. 

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THE NATIONAL JUDICIAL APPOINTMENTS COMMISSION ACT, 2014 

ACT NO. 40 OF 2014 

[31st December, 2014.] 

An  Act  to  regulate  the  procedure  to  be  followed  by  the  National  Judicial  Appointments 
Commission  for  recommending  persons  for  appointment  as  the  Chief  Justice  of  India  and 
other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and 
for their transfers and for matters connected therewith or incidental thereto. 
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:— 

1. Short title and commencement.—(1) This Act may be called the National Judicial Appointments 

Commission Act, 2014. 

(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) ―Chairperson‖ means the Chairperson of the Commission; 

(b) ―Commission‖ means the National Judicial Appointments Commission referred to in article 

124A of the Constitution; 

(c) ―High Court‖ means the High Court in respect of which recommendation for appointment of a 

Judge is proposed to be made by the Commission; 

(d) ―Member‖ means a Member of the Commission and includes its Chairperson; 

(e) ―prescribed‖ means prescribed by the rules made under this Act; 

(f) ―regulations‖ means the regulations made by the Commission under this Act. 

3. Headquarters of Commission.—The Headquarters of the Commission shall be at Delhi. 

4. Reference to Commission for filling up of vacancies.—(1)The Central Government shall, within 
a period of thirty days from the date of coming into force of this Act, intimate the vacancies existing in 
the  posts  of  Judges  in  the  Supreme  Court  and  in  a  High  Court  to  the  Commission  for  making  its 
recommendations to fill up such vacancies. 

(2)  The  Central  Government  shall,  six  months  prior  to  the  date  of  occurrence  of  any  vacancy  by 
reason of completion of the term of a Judge of the Supreme Court or of a High Court, make a reference to 
the Commission for making its recommendation to fill up such vacancy. 

(3) The Central Government shall, within a period of thirty days from the date of occurrence of any 
vacancy by reason of death or resignation of a Judge of the Supreme Court or of a High Court, make a 
reference to the Commission for making its recommendations to fill up such vacancy. 

5. Procedure for selection of Judge of Supreme Court.—(1) The Commission shall recommend for 
appointment the senior-most Judge of the Supreme Court as the Chief Justice of India if he is considered 
fit to hold the office: 

Provided  that  a  member  of  the  Commission  whose  name  is  being  considered  for  recommendation 

shall not participate in the meeting. 

(2) The Commission shall, on the basis of ability, merit and any other criteria of suitability as may be 
specified  by  regulations,  recommend  the  name  for  appointment  as  a  Judge  of  the  Supreme  Court  from 
amongst  persons  who  are  eligible  to  be  appointed  as  such  under  clause  (3)  of  article  124  of  the 
Constitution: 

Provided  that  while  making  recommendation  for  appointment  of  a  High  Court  Judge,  apart  from 

seniority, the ability and merit of such Judge shall be considered: 

1. 13th April, 2015, vide notification No. S.O. 1001(E), dated by 13th April, 2015, see Gazette of India, Extraordinary,            

Part II, sec. 3(ii). 

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Provided  further  that  the  Commission  shall  not  recommend  a  person  for  appointment  if  any  two 

members of the Commission do not agree for such recommendation. 

(3) The Commission may, by regulations, specify such other procedure and conditions for selection 

and appointment of a Judge of the Supreme Court as it may consider necessary. 

6.  Procedure  for  selection  of  Judge  of  High  Court.—(1)  The  Commission  shall  recommend  for 
appointment  a  Judge  of  a  High  Court  to  be  the  Chief  Justice  of  a  High  Court  on  the  basis  of  inter  se 
seniority of High Court Judges and ability, merit and any other criteria of suitability as may be specified 
by regulations. 

(2) The Commission shall seek nomination  from the Chief Justice of the concerned High Court for 

the purpose of recommending for appointment a person to be a Judge of that. 

(3) The Commission shall also on the basis of ability, merit and any other criteria of suitability as may 
be  specified  by  regulations,  nominate  name  for  appointment  as  a Judge  of  a  High  Court  from  amongst 
persons who are eligible to be appointed as such under clause (2) of article 217 of the Constitution and 
forward such names to the Chief Justice of the concerned High Court for its views. 

(4) Before making any nomination under sub-section (2) or giving its views under sub-section (3), the 
Chief Justice of the concerned High Court shall consult two senior-most Judges of that High Court and 
such other Judges and eminent advocates of that High Court as may be specified by regulations. 

(5)  After  receiving  views  and  nomination  under  sub-sections  (2)  and  (3),  the  Commission  may 
recommend for appointment the person who is found suitable on the basis of ability, merit and any other 
criteria of suitability as may be specified by regulations. 

(6)  The  Commission  shall  not  recommend  a  person  for  appointment  under  this  section  if  any  two 

members of the Commission do not agree for such recommendation. 

(7) The Commission shall elicit in writing the views of the Governor and the Chief Minister of the 
State concerned before making such recommendation in such manner as may be specified by regulations. 

(8) The Commission may, by regulations, specify such other procedure and conditions for selection 
and  appointment  of  a  Chief  Justice  of  a  High  Court  and  a  Judge  of  a  High  Court  as  it  may  consider 
necessary. 

7. Power of President to require reconsideration.—The President shall, on the recommendations 
made by the Commission, appoint the Chief Justice of India or a Judge of the Supreme Court or, as the 
case may be, the Chief Justice of a High Court or the Judge of a High Court: 

Provided that the President may, if considers necessary, require the Commission to reconsider, either 

generally or otherwise, the recommendation made by it: 

Provided further that if the Commission makes a recommendation after reconsideration in accordance 

with the provisions contained in sections 5 or 6, the President shall make the appointment accordingly. 

8.Officers and employees of Commission.—(1) The Central Government may, in consultation with 
the Commission, appoint such number of officers and other employees for the discharge of functions of 
the Commission under this Act. 

(2)  The  terms  and  other  conditions  of  service  of  officers  and  other  employees  of  the  Commission 

appointed under sub-section (1) shall be such as may be prescribed. 

(3)  The  Conveyor  of  the  Commission  shall  be  the  Secretary  to  the  Government  of  India  in  the 

Department of Justice. 

9.  Procedure  for  transfer  of  Judges.—The  Commission  shall  recommend  for  transfer  of  Chief 
Justices  and  other  Judges  of  High  Courts  from  one  High  Court  to  any  other  High  Court,  and  for  this 
purpose, specify, by regulations, the procedure for such transfer. 

10. Procedure to be followed by Commission in discharge of its functions.—(1) The Commission 

shall have the power to specify, by regulations, the procedure for the discharge of its functions. 

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(2)  The  Commission  shall  meet  at  such  time  and  place  as  the  Chairperson  may  direct  and  observe 
such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its 
meeting), as it may specify by regulations. 

11. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the provisions of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:–– 

(a)  the  fees  and  allowances  payable  to  the  eminent  persons  nominated  under  sub-clause  (d)  of 

clause (1) of article 124A of the Constitution; 

(b) the terms and other conditions of service of officers and other employees of the Commission 

under sub-section (2) of section 8; 

(c) any other matter which is to be, or may be, prescribed, in respect of which provision is to be 

made by the rules. 

12. Power to make regulations.—(1) The Commission may, by notification in the Official Gazette, 
make regulations consistent with this Act, and the rules made thereunder, to carry out the provisions of 
this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

(a) the criteria of suitability with respect to appointment of a Judge of the Supreme Court under 

sub-section (2) of section 5; 

(b) other procedure and conditions for selection and appointment of a Judge of the Supreme Court 

under sub-section (3) of section 5; 

(c)  the  criteria  of  suitability  with  respect  to  appointment  of  a  Judge  of  the  High  Court  under           

sub-section (3) of section 6; 

(d)  other  Judges  and  eminent  advocates  who  may  be  consulted  by  the  Chief  Justice  under        

sub-section (4) of section 6; 

(e) the manner of eliciting views of the Governor and the Chief Minister under sub-section (7) of 

section 6; 

(f)  other  procedure  and  conditions  for  selection  and  appointment  of  a  Judge  of  the  High  Court 

under sub-section (8) of section 6; 

(g) the procedure for transfer of Chief Justices and other Judges from one High Court to any other 

High Court under section 9; 

(h)  the  procedure  to  be  followed  by  the  Commission  in  the  discharge  of  its  functions  under            

sub-section (1) of section 10; 

(i) the rules of procedure in regard to the transaction of business at the meetings of Commission, 

including the quorum at its meeting, under sub-section (2) of section 10; 

(j) any other matter which is required to be, or may be, specified by regulations or in respect of 

which provision is to be made by regulations. 

13.Rules and regulations to be laid before Parliament.—Every rule and regulation made under this 
Act  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  each  House  of  Parliament,  while  it  is  in 
session,  for  a  total  period  of  thirty  days,  which  may  be  comprised  in  one  session  or  in  two  or  more 
successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately  following  the  session  or  the 
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or 
both Houses agree that the rule or regulation should not be made, the rule or regulation shall  thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 

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modification or annulment shall be without prejudice to the validity  of anything previously done under 
that rule or regulation. 

14. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, after consultation with the Commission, by an order published in 
the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it 
to be necessary or expedient for removing the difficulty: 

Provided that no such order shall be made after the expiry of a period of five years from the date of 

commencement of this Act. 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each 

House of Parliament. 

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